Collective Agreements in Morocco: Collective Bargaining, Legal Framework and Implementation

Collective agreements play an important role in employment relations in Morocco. They enable employee representatives and employers to establish provisions adapted to their industry, company or professional sector, while respecting the Moroccan Labour Code.

This article explains the definition of collective agreements, their legal framework, the main stages involved in concluding them, and the obligations associated with their implementation.

1. Definition of a Collective Labour Agreement

Under Article 104 of the Moroccan Labour Code, a collective labour agreement is an agreement governing employment relations between, on the one hand, representatives of one or more of the most representative trade unions of employees or their federations and, on the other hand, one or more employers or representatives of employers' professional organisations.

A collective labour agreement must be drawn up in writing, failing which it is null and void.

It supplements the legal framework governing employment relationships by establishing provisions adapted to the parties concerned. Its content and scope must comply with the applicable legal requirements.

2. Legal Framework for Collective Agreements in Morocco

Collective agreements are primarily governed by Law No. 65-99 establishing the Moroccan Labour Code, promulgated by Dahir No. 1-03-194 of 11 September 2003.

Title IV of Book One, particularly Articles 104 to 134, addresses their definition, content, conclusion, scope, duration, implementation and possible extension.

Articles 92 to 103 of the Labour Code deal with collective bargaining and the National Collective Bargaining Council.

Morocco has also ratified several International Labour Organization conventions concerning employment relations, including:

ILO Convention No. 98, concerning the Right to Organise and Collective Bargaining, ratified by Morocco on 20 May 1957.
ILO Convention No. 154, concerning Collective Bargaining, ratified by Morocco on 3 April 2009.

These international conventions complement the legal framework governing freedom of association and collective bargaining, within the scope of their respective provisions.

3. What Can a Collective Agreement Cover?

Article 105 of the Moroccan Labour Code identifies several categories of provisions that may be included in a collective agreement.

Depending on the needs of the parties and the agreement's scope, it may cover matters such as:

Remuneration: Salary components applicable to different occupational categories and hierarchical coefficients.
Job classification: Qualification levels and criteria used to determine occupational categories.
Recruitment and dismissal: Applicable conditions and procedures, subject to labour legislation.
Employment relations: Rights and obligations of the parties under the agreement.
Working hours and leave: Arrangements established by the agreement, subject to applicable statutory requirements.
Occupational health and safety: Contractual provisions concerning employee protection.
Bonuses and benefits: Additional remuneration and other negotiated benefits.
Vocational training: Measures agreed upon by the parties in this area.

These are examples of matters that may be addressed. The actual content depends on the agreement concluded and the applicable legal provisions.

4. How Does Collective Bargaining Work?

Collective bargaining is governed by the Labour Code. It is not simply an informal discussion between an employer and a trade union representative: the parties must have the legal standing required to conclude a collective agreement.

The main stages include the following.

Step 1: Initiating negotiations

The most representative employee trade unions and employers' professional organisations may initiate negotiations.

Article 109 notably provides that an employee trade union or an employers' professional organisation meeting the applicable legal requirements may request the competent government authority to convene a joint committee to conclude a collective agreement.

Step 2: Appointing representatives

The parties appoint their representatives in accordance with the rules applicable to their respective organisations.

Those participating in the negotiations must have the necessary authority to represent the parties concerned.

Step 3: Negotiating the provisions

The representatives discuss the provisions to be included in the agreement, such as remuneration, job classification, recruitment conditions, termination of employment and other matters relating to employment relationships.

The agreed clauses must comply with the applicable legislation.

Step 4: Drafting and signing the agreement

The final text is prepared in writing and signed by the duly authorised parties.

Article 108 establishes rules concerning approval of the agreement by the organisations or employers concerned, depending on the circumstances.

Step 5: Legal deposit

The agreement must be deposited in accordance with the Labour Code, particularly Article 106, with the competent authorities designated by law.

The deposit procedure should therefore not be described as a simple registration formality carried out exclusively by the Labour Inspectorate.

Step 6: Entry into force and implementation

Under Article 114 of the Labour Code, a collective agreement becomes applicable upon expiry of the third day following the date of its deposit with the government authority responsible for labour.

Its implementation also depends on its territorial, occupational and personal scope, in accordance with Article 111 and the following provisions.

5. Scope of Collective Agreements

A collective agreement must specify its scope of application. Under Article 111 of the Labour Code, it may cover an entire company, one or more establishments, a specified local community, a geographical area or the whole national territory.

Its applicability depends, in particular, on the parties bound by the agreement and the legal provisions governing its scope.

It should not be assumed that an entire industry is automatically covered by a national collective agreement. The existence of an agreement applicable to a particular sector, its content and its geographical scope must be verified against the relevant text and, where applicable, the extension order.

Article 133 of the Labour Code establishes conditions under which a collective agreement may be extended to other companies and establishments operating in the same profession. Such an extension is made by order of the government authority responsible for labour, subject to the statutory requirements.

6. Obligations of Employers and Other Parties

The applicable obligations depend, in particular, on the agreement's scope and the legal status of the parties concerned.

Compliance with contractual provisions

Article 122 requires the employee trade unions, employers' professional organisations and their federations bound by a collective agreement to comply with its provisions throughout its period of validity.

Article 113 provides that an agreement concluded by an employer applies to the employment contracts concerned. In companies or establishments falling within its scope, its provisions apply subject to more favourable conditions provided for in employees' individual employment contracts.

Informing employees

Article 130 requires the relevant establishments to display a notice concerning the collective agreement in workplaces and in premises where recruitment takes place.

The notice must specify, in particular:

The existence of the collective agreement;
The signatory parties;
The date of deposit;
The authorities with which the agreement was deposited.

A copy of the agreement must also be made available to employees.

Monitoring implementation

Under Article 128, labour inspectors are responsible for monitoring compliance with collective agreement provisions within the scope of their statutory powers.

Failure to comply with contractual provisions may result in the penalties provided for under Article 129 of the Labour Code.

These obligations should be distinguished from internal complaint-handling procedures. The existence of a collective agreement does not, by itself, establish a general obligation to maintain a specific complaints register under Article 130.

7. Duration, Amendment and Termination of Collective Agreements

Collective agreements may be concluded for a fixed term, an indefinite term or the duration of a specific project, in accordance with Article 115 of the Labour Code.

For a fixed-term agreement, Article 119 establishes a maximum duration of three years. Upon expiry, the agreement continues to produce its effects as an agreement of indefinite duration, subject to the conditions set out in that article.

The termination and revision of collective agreements are also governed by the Labour Code, particularly Articles 116 to 121.

Article 121 provides that, when an agreement expires or is terminated, employees retain the benefits granted under it until a new individual or collective agreement providing more favourable benefits is concluded.

The precise procedures for amendment or termination must be assessed in light of the agreement's clauses and the applicable legal provisions.

8. Why Are Collective Agreements Important?

Collective agreements can help structure employment relationships by clarifying the rules applicable to the employees and employers concerned.

They can contribute to:

Establishing provisions adapted to occupations and professional qualifications;
Defining remuneration components and job classifications;
Organising certain aspects of employment relations;
Formalising commitments negotiated between the parties;
Facilitating the resolution of disputes concerning the implementation of contractual provisions.

Their legal effect nevertheless depends on the content of each agreement, the parties bound by it and its legally established scope.

Sources and References

Moroccan Labour Code — Law No. 65-99, particularly Articles 92 to 134 concerning collective bargaining and collective labour agreements.
International Labour Organization, NATLEX database:
https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=67319
International Labour Organization — Convention No. 98 concerning the Right to Organise and Collective Bargaining, 1949.
https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C098
International Labour Organization — Convention No. 154 concerning Collective Bargaining, 1981.
https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C154
ILO — Ratification of international conventions by Morocco.
https://normlex.ilo.org/dyn/normlex_fr/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:102993

Legal notice: This article is provided for informational purposes only. To determine whether a particular collective agreement applies to a company or industry in Morocco, consult the agreement itself, any applicable extension orders and the legislation currently in force.